HomeMy WebLinkAboutReso 2015-191 �soLUrio� ;�io. zo�s-�9�
RESOLUTION OF THE CITY COU\CIL OF THE CITY OF
CHULA VISTA CONSENT[NG TO INCLUSION OF
PROPERTIES WITHIN THE CITY`S JURISDICTION IN THE
CALIFORi\'IA HERO PROGRAM TO F[i��ANCE
DISTRIBUTED GE\'ERAT[ON RENEWABLE ENERGY
SOURCES, EI�'ERGY AND WATER EFF[CIENCY
IMPROVEMENTS AND ELECTR[C VEHICLE CHARGING
II�'FRASTRUCTURE. APPROVNG AN AYIENDMENT TO
THE VJESTERN RIVERS[DE COIJ\CIL OF GOVERNMENTS
JOINT POWERS AGREEMENT TO ADD THE CITY AS A
MEMBER. AND APRPOVING AN INDEMNITY AGREEMENT
WITH THE PROGRAM ADMII`'ISTRATOR
WHEREAS. on June 6, 201�, the Citv Council appro��ed Guidelines for implementation
of the Propem� Assessed Clean Energy (PACE) Program per Resolution No. 201�-ll� and this
amendment follo�i�s these suidelines: and
WHEREAS. the Westem Riverside Council of Govemments (`WRCOG") (the
"Authority') is a joint exercise of po���ers authorit}� established pursuant to Chapter � of Division
7, Title 1 of the Govemment Code of the State of Califomia (Section 6�00 and following) (the
"Act") and the Joint Po«�er Aereement entered into on April l. 1991, as amended from time to
time (the "Authoritv JPA")_ and
«'HEREAS; Authority has established the Califomia HERO Proeram to pro��ide for the
financine of rene���able energy distributed generation sources. enerey and water efficienc}�
improvements and electric vehicle chazging infrastructure (the "Impro��ements `) pursuant to
Chapter 29 of Part 3 of the Improvement Act of 191 1, being Division 7 of the Califomia Streets
and High�i�ati�s Code (`Chapter 29"), ���ithin counties and cities throuehout the State of California
that elect to participate in such program; and
�1'HEREAS. the Cit}� of Chula Vista (the "Cit�� ') is committed to de��elopment of
rene«�able energy sources and enere}� efficienc�� improvements. reduction of greenhouse gases.
protection of our environment, and re��ersal of dimate change; and
WHEREAS. in Chapter 29, the Legislamre has authorized cities and counties to assist
propeRy owners in financing the cost of installine Impro��ements through a voluntar�� contractual
assessment program: and
WHEREAS, installation of such Impro��ements by property owners within the
jurisdictional boundaries of the counties and cities that are panicipatine in the California HERO
Program would promote the purposes cited abo��e; and
WHEREAS, the Cit}� wishes to provide inno��ative solutions to its propem� o«mers to
achieve energy and �+-ater efficienc�� and independence. and in doine so cooperate �vith Authorit}�
in order to efficiendy and economically assist property o«�ners in the Cit�� in financing such
[mpro��ements; and
Resolution No. 201�-191
Page No. 2
WHEREAS, Authority has established the California HGRO Program, which is such a
voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally
made and entered into April l, 1991, as amended to date, and the Amendment to Joint Powers
Agreement Adding the City of Chula Vista as an Associate Member of the Western Riverside
Council of Governments to Permit the Provision oP Properly Assessed Clean Energy (PACE)
Program Services within the City (the "JPA Amendment"), by and between Authority and the
City, a copy of which is attached as Exhibit "A" to this Resolution, to assist property owners
within the jurisdiction of the City in financing the cost of installing Improvements; and
WHEREAS, Pursuant to the JPA Amendmenl, thc Authorily agrees to defend and
indemnify the City and to conduct the Program in accordance with state and local law, and the
City's PACE Program Guidelines; and
WHEREAS, Renovate America, Inc., a Delaware corporation (the "Administrator"), is
the administrator of the Authority's California HERO Program, and agrees to fully indemnify the
City with respect to the HERO Program, and to administer the Program in accordance with state
and local law, and the City's PACE Program Guidelines, pursuant to an indemnification
agreement, attached as Exhibit B to this Resolution (thc`9ndemnification Agreement"; and
WHEREAS, the City will not be responsible for the conduct oF any assessment
proceedings; the lew and collection of assessments or any required remedial action in the case of
delinquencies in the payment of any assessments or the issuance, sale or administration of any
bonds issued in connection with the California l-[ERO Program.
I. NOW, 1'HEREFORE, BE I"I' RESOLVED by the City Council of the City of
Chula Vista, that: The City Council finds and declares that it is in the City's best interest to allow
property owners to choose from multiple PACE programs, such as the California HERO
Program, ro finance the installation of the Improvements.
2. The City Council consents to inclusion in the California HERO Program of all of
the properties in the jurisdictional boundaries of the City and to the Improvements, upon the
request by and voluntary agreement of owners of such properties, in compliance with all local
and state laws, rules and regulations applicable to such program; and to the assumption of
jurisdiction thereover by Authority for the purposes thereof, provided that
a. The legal owners of the properties that participate in the HERO Program enter
into a contract pursuant to Chapter 29 and comply with all other applicable
provisions of California law; and
b. The City will not be responsible for the conduct of'any assessment proceedings,
the levy of assessment, any required remedial action in the case of delinquencies
in such assessment payments, or the issuance, sale or administration of any bonds
issued in connection with the HERO Pro�ram; and
c. The Authority and the Administrator will defend and indemnify the City against
any actions arising out of the HGRO 1'rogram, pursuant to the Indemnification
Agreement.
Resolution No. 201�-191
Page No. 3
3. The consent of the Cit�� Council constitutes assent to the assumption of
jurisdiction by Authorit}� for all purposes of the California HERO Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution, to tal:e each and everv
step required for or suitable for financing the Impro��ements, including the levying, collecting
and enforcement of the contractual assessments to finance the Improvements and the issuance
and enforcement of bonds to represent such contractual assessments.
4. The City Council hereby approves the JPA Amendment in the form presented,
with such minor modifications as ma�� be required or approved by the Cit}� Attomey, a cop}� of
which shall be kept on file in the Office of the Citv Clerk. and authorizes and directs the Mayor
to execute same.
�. The City Council hereby appro��es the Indemnification Agreement in the form
presented, «�ith such minor modifications as may be required or approved by the Cit}� Attomey, a
copy of�vhich shall be kept on file in the Office of the Ciq� Clerk, and authorizes and directs the
Mavor to execute same.
6. Citv staff is authorized and directed to coordinate �+�ith Authoritv staff to facilitate
operation of the California HERO Program �vithin the Cin�, and report back periodically to this
Cin-Council on the success of such program.
7. This Resolution shall take effect immediately upon its adoption. The Citv Clerk
is directed to send a certified copy of this resolution to the Secretan� of the Authoritv Executive
Committee.
Presented bv Appro��ed as to form b}�
��
�� , �
�---
�
Richard A.�Hopk' s � Glen R. Go 2ins
Director of Publ�c�R'orks . e��
Resolution No. 2015-191
Page No. 4
EXHIBIT A
AMENDMENT TO THE JOiNT POWERS AGREEMENT
ADDING CITY OF CHULA VISTA
AS AN ASSOCIATE MEMBER OF THE
WESTERN 12IVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF PROPERTY ASSESSED
CLEAN ENERGY (PACE) PROGRAM SERVICES WITHIN
SUCH CITY
This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and entered into
on the ]lth day of August, 2015, by City of Chula Vista ("Cit,y") and the Western Riverside
Council of Governments ("Aathority') (collectively the "Pariies").
RECITALS
WHEREAS, Authority is a joint exercise of powers authority established pursuant to Chapter 5
of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and
following) (the "Joint Exercise of Powers Act") and the Joint Power Agreement entered into on
April 1, 1991, as amended from time to time (the"Authority JPA"); and
WHEREAS, as of October I, 2012, Authority had 18 member entities (the "Regular Members").
WHEREAS, Chapter 29 of Part 3 of the Improvement Act of 1911, being Division 7 of the
California Streets and Highways Code ("Chapter 29"), authorizes cities, counties, and cities and
counties to establish voluntary contractual assessment programs, commonly referred to as a
Property Assessed Clean Energy ("PACE") program, to fund certain renewable energy sources,
energy and water efficiency improvements, and electric vehicle charging infrastructure (the
"Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or
other real property; and
WHEREAS, Authority has established a PACE program to be known as the "California HERO
Program" pursuant to Chapter 29 which authorizes the implementation of such PACG financing
program for cities and counties throughout the state; and
WHEREAS, City desires to allow owners of property within its jurisdiction to participate in the
California HERO Program and to allow Authority under Chapter 29, as it is now enac[ed or may
be amended hereafter, to finance Improvements to be installed on such properties; and
WHEREAS, this JPA Amendment will permit City to become an Associate Member of
Authority and to participate in California HERO Program for the purpose of facilitating the
implementation of such program within thejurisdiction of City; and
WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are approving this JPA
Agreement to allow for the provision of PACE services through the California HERO Program,
including the operation of such PACE financing program, within the incorporated territory of
City; and
Resolution No. 201�-191
Page No. �
Vl'HEREAS, the JPA Amendment sets foRh the riehts, obligations and duties of Cit}� and
Authority with respect to the implementation of the California HERO Pro�ram within the
incorporated territor�� of City.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual coeenants and conditions
hereinafter stated. the Parties hereto aeree as folio�ti�s:
A. JPA Amendment.
1. The Authoritv JPA. City agrees ro the terms and conditions of the Authority JPA,
attached, as it applies to Associate Members.
2. Associate Membershio. B�� adoption of this JPA Amendment, City shall become
an Associate Member of Authority on the terms and conditions set Forth herein and the Authority
JPA and consistent ���ith the requirements of the Joint Esercise of Powers Act. The riehts and
obligations of City as an Associate Member aze limited solely to those terms and conditions
expressl�� set forth in this JPA Amendment for the purposes of implementine the California
HERO Program H�ithin the incorporated territory of City. Escept as expressh� provided for bv
this JPA Amendment, Citv shall not have anv riohts othen�ise eranted to Authority's Re�ular
Members b�� the Authorit�� JPA. includine but not limited to the rieht to vote on matters before
the Executi��e Committee or the General Assemblv. the ri�ht to amend or ��ote on amendments to
the Authority JPA, and the right to sit on committees or boards established under the Authorih�
JPA or by action of the Executive Committee or the General Assembh�, includin2, without
limitation, the General Assemblv and the Executi��e Committee. Cit}� shall not be considered a
member for purposes of Section 9.1 of the Authoritv JPA.
3. RiQhts of Authoritv. This JPA Amendment shall not be interpreted as limiting or
restrictin� the rights of Authoritv under the Authorin� JPA. \iothine in this JPA Amendment is
intended to alter or modifi� Authorit�� TranspoRation Uniform Mitieation Fee (TUMF) Program.
the PACE Pro�ram administered b�� Authorit}� «ithin the jurisdictions of its Reeular Members.
or any other programs administered no��� or in the future b�- Authoritv, all as currenth� structured
or subsequentl�� amended.
B. Implementation of California HERO Program within Cih� Jurisdiction.
1. Boundaries of the Califomia HERO Pro�ram ��ithin Citv Jurisdiction. The
boundaries within which contractual assessments mav be entered into under the CaliFomia
HERO Program (the "Proeram Boundaries ') shall include the entire incorporated territor�� of
Citti,
2. Determination of Elieible Imorovements. Authorit.� shall determine the ri�pes of
distributed generation rene���able enerey sources. energy efficiency or water conservation
improvements, electric vehicle chareing infrastructure or such other improvements as ma�� be
authorized pursuant to Chapter 29 (the "Eligible Improvements`) that will be elieible to be
financed under the California HERO Proeram.
Resolution No. 2015-191
Page No. 6
3. Imqlementation of California HERO Pro�ram Within the Pro�ram Boundaries.
Authority will undertake such proceedings pursuant to Chapter 29 as shall be legally necessary to
enable Authority to make contracmal financing of Eligible Improvements available to eligible
property owners within the Program Boundaries.
4. Financing the Installation of Eli�ible Improvements. Authority shall implement
its plan for the financing of the purchase and installation of the Eligible Improvements under the
Califomia HERO Program within the Program Boundaries.
5. On�oine Administration. Authority shall be responsible for the ongoing
administration of the Califomia HERO Program, including but not limited to producing
education plans to raise public awareness of the California HERO Program, soliciting, reviewing
and approving applications from residential and commercial property owners participating in the
Califomia HERO Program, establishing contracts for residential, commercial and other property
owners participating in such program, establishing and collecting assessments due under the
Califomia HERO Program, adopting and implementing any rules or regulations for the
California HERO Program, and providing reports as required by Chapter 29. Authority shall
administer the HERO Program in a manner that is consistent with state and local law, and the
City's PACE Program Guidelines, as such may be amended from time-to-time.
City will not be responsible for the conduct of any proceedings required to be taken under
Chapter 29; the levy or collection of assessments or any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale or administration of any bonds
issued in connection with the California HERO Program.
6. Phased Implementation. The Par[ies recognize and agree that implementation of
the Califomia HERO Program as a whole can and may be phased as additional other cities and
counties execute similar agreements. City entering into this JPA Amendment will obtain the
benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional azea,
irrespective of whether cities or counties enter into similar agreements.
C. Miscellaneous Provisions.
1. Withdrawal. Authority may withdraw from this JPA Amendment upon six (6)
months written notice to City; provided, however, there is no outstanding indebtedness of
Authority within City. The provisions of Section 6.2 of the Authority JPA shall not apply to City
under this JPA Amendment. City may withdraw approval for conduct of the HERO Program
within the jurisdictional limits of City upon thirty (30) written notice to WRCOG without
liability to the Authority or any affiliated entity. City withdrawal shall not affect the validity of
any voluntary assessment contracts (a) entered prior to the date of such withdrawal or (b) entered
into after the date of such withdrawal so ]ong as the applications for such voluntary assessment
contracts were submitted to and approved by WRCOG prior to the date of City's notice of
withdrawal.
2. Indemnification and Liabilitv. Authority shall defend, indemnify �and hold the
City and its directors, officials, officers; employees and agents, free and harmless from any and
all claims; demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of
Resolution\'o. 201�-191
Paee No. 7
an�� kind, in lati� or equiri-, to propert}� or persons. including wronsful death, to the extent arisina
out of the willful misconduct or negligent acts, errors or omissions of the Authorit�� or its
directors, officials, officers. employees or agents in connection �vith the California HERO
Pro�ram administered under this JPA Amendment. includine ���ithout limitation the pa}�ment of
eYpert witness fees and attorneys fees and other related costs and espenses. but escludinQ
payment of consequential damages. �'�'ithout limitin_ the foregoing, Section �? of the Authority
JPA shall not apply to this JPA Amendment. In no event shall any of Authority's Reeular
Members or their officials. officers or emplo��ees be held directly liable for any damages or
liability resulting out of this JPA Amendment.
3. Environmental Review. Authorit�� shall be the lead agency under the California
Environmental Qualitv Act for any en��ironmental review that may required in implementing or
administering the California HERO Pro�ram under this JPA Amendment.
4. Cooperative Effort. Citv shall cooperate «�ith Authority by providine information
and other assistance in order for Authorit�� to meet its obligations hereunder. City recoenizes
that one of its responsibilities related to the Califomia HERO Program �rill include anv
permitting or inspection requirements as established by City.
�. Notice. Anv and all communications and/or notices in connection �vith this JPA
Amendment shall be either hand-delivered or sent bv United States first class mail. postaee
prepaid, and addressed as follows:
Authorin�:
Westem Ri��erside Council of Go��emments
4080 Lemon Street. 3rd Floor. MS1032
Riverside. CA 92�01-3609
Att: Esecutive Director
Citv:
Citv of Chula Vista
276 Fourth Avenue
Chula Vista. CA 91910
Atm: Director of Public Works
6. Entire Aereement. This JPA Amendment, toeether �vith the Authority JPA,
constimtes the entire aereement among the Parties pertaining to the subject matter hereof. This
JPA Amendment supersedes am� and all other a�reements, either oral or in ���iting. among the
Parties with respect to the subject matter hereof and contains all of the covenants and agreements
amone them ��ith respect to said matters, and each Party ackno���ledees that no representation.
inducement, promise of agreement, oral or othern�ise, has been made b�� the other Party or
anvone actine on behalf of the other Part�� that is not embodied herein.
Resolution No. 2015-191
Page No. 8
7. Successors and Assi�ns. This JPA Amendment and each of its covenants and
conditions shall be binding on and shall inure to the benefit of the Parties and their respective
successors and assigns. A Party may only assign or transfer its rights and obligations under this
JPA Amendment with prior written approval of the other Party, which approval shall not be
unreasonably withheld.
8. Attornevs' Fees. If any action at law or equity, including any action for
declaratory relieF is brought to enforce or interpret the provisions of this JPA Amendment, each
Party to the litigation shall bear its own attorneys' fees and costs.
9. Governing Law• This JPA Amendment shall be governed by and construed in
accordance with the laws of the State of California, as applicable.
10. No Third Party Beneficiaries. This JPA Amendment shall not create any right or
interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it
authorize anyone not a PaRy to this JPA Amendment to maintain a suit for personal injuries or
property damages under the provisions of this JPA Amendment. The duties, obligations, and
responsibilities of the Parties to this JPA Amendment with respect to third party beneficiaries
shall remain as imposed under existing state and federal law.
11. Severabilitv. In the event one or more of �he provisions contained in this JPA
Amendment is held invalid, illegal or unenforceable by any court of competent jurisdiction, such
portion shall be deemed severed from this JPA Amendment and the remaining parts of this JPA
Amendment shall remain in full force and effect as though sach invalid, illegal, or unenforoeable
portion had never been a part of this JPA Amendment.
12. Headines. The pazagraph headings used in this JPA Amendment are for the
convenience of the Parties and are not intended to be used as an aid to interpretation.
li. Amendment. This JPA Amendment may be modified or amended by the Parties
at any time. Such modifications or amendments must be mutually agreed upon and executed in
writing by both Parties. Verbal modifications or amendments to diis JPA Amendment shall be of
no effect.
14. Effective Date. This JPA Amendment shall become effective upon the execution
thereof by the Parties hereto.
15. Administrative Claims Requirements and Procedures. No suit or arbitration shall
be brought arising out of this JPA Amendment, against City unless a claim has first been
presented in writing and filed with City and acted upon by City in accordance with the
procedures set forth in Chapter 134 of the Chula Vista Municipal Code, as same may from time
to time be amended, the provisions oF which are incorporated by this reference as if fully set
forth herein, and such policies and procedures used by City in the implementation of same.
Upon request by a Party, the Parties shall meet and confer in good faith for the purpose of
resolving any dispute over the terms of this JPA Amendment.
Resolution No. 2015-191
Page No. 9
N W[TNESS l�'HEREOF, the Panies hereto have caused this JPA Amendment to be
executed and attested b�� their officers thereunto dul}� authorized as of the date first abo��e
ti�ritten.
�SIGNATURES ON FOLLOWING PAGES]
Resolution No. 2015-191
Page No. 10
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By: � �� Date:
Executive ommittee Chair
Western Riverside Council of Governments
CITY OF CI-IULA VISTA
By: Date:
Mary sillas Salas, Mayor
Attest:
� �� � � ��
Donna Norris, City Clerk
Approved as to fomi:
, �
en R. Goo�ins, C'ty Att �xi
Resolution No. 201�-191
Page No. 11
PASSED, APPROVED, and ADOPTLD b}� the City Council of the City of Chula Vista,
Califomia. this 11 th da}� of August 201� by the followine vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen and Salas
\'AYS: Councilmembers: None
ABSENT: Councilmembers: None
Marv S s. Mavor
ATTEST:
Donna R. Norris. CMC. itv Clerk
STATE OF CALIFORi\rIA )
COLJ\iTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Donna R. Noms, Citv Clerk of Chula Vista, California, do herebv certify that the foreeoing
Resolution No. 201�-191 was dul�� passed. appro��ed, and adopted b}� the Cin� Council at a
reeular meetine of the Chula Vista Citv Council held on the 1 ]th da�� of AuQust ZO1�.
Etiecuted this 11 th dav of Aueust 201�.
��
Donna R. Norris. i C. Cih� Clerk